Revised Government planning guidance, the updated National Planning Policy Framework (NPPF), released last week may mean this loophole is closed.

According to the NPPF, where up-to-date policies set out contributions expected from development, planning applications that comply with them should be assumed to be viable.

It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage.

Jim Deen, a Labour Worthing borough councillor, described how the town had lost millions of pounds towards affordable housing over the last few years with developers able to reduce contributions to a fraction of 30 per cent by using viability assessments, with the planning committee ‘powerless to do anything about it’.

He said: “I’ve been campaigning on this issue for several years and have been very grateful for the support the campaign has had from the Worthing Herald, with a number of excellent features highlighting the effect viability has had on affordable housing provision in Worthing.

“In December last year, Labour proposed a motion which called on the council to send a letter to the Secretary of State for Local Government asking on him to take action to close the viability loophole and stop further loss of affordable housing in Worthing.

“The motion had cross-party support and was carried unanimously by the full council. It might have seemed like a pointless exercise and that our pleas would fall on deaf ears, but clearly not.

“Within eight months, the guidance has been revised and the loophole of viability has effectively been closed.”

He added: “Now the emphasis is put back on the local plan to define what the expectation is from developers for affordable housing and infrastructure provision with viability already taken into account.

“It will be up to developers to demonstrate whether there are particular circumstances that justify the need for viability assessment when an application is being made for a particular site.